RULE 56
                      SUMMARY JUDGMENT

    (a) For Claimant. A party seeking to recover upon a claim,
counterclaim, or cross claim, or to obtain a declaratory judgment may, at
any time after the expiration of the period within which the defendant is
required to appear, or after service of a motion for summary judgment by
the adverse party, move with or without supporting affidavits for a summary
judgment in his favor upon all or any part thereof.
    (b) For Defending Party. A party against whom a claim, counterclaim, or
cross claim is asserted or a declaratory judgment is sought may, at any
time, move with or without supporting affidavits for a summary judgment in
his favor as to all or any part thereof.
    (c) Motion and Proceedings. The motion shall be served at least 10 days
before the time fixed for the hearing. The adverse party, prior to the day
of hearing, may serve opposing affidavits. The judgment sought shall be
rendered forthwith if the pleadings, depositions, and admissions on file,
together with the affidavits, if any, show that there is no genuine issue
as to any material fact and that the moving party is entitled to a judgment
as a matter of law. A summary judgment, interlocutory in character, may be
rendered on the issue of liability alone although there is a genuine issue
as to the amount of damages.
    (d) Case Not Fully Adjudicated on Motion. If on motion under the rule
judgment is not rendered upon the whole case or for all the relief asked
and a trial is necessary, the court at the hearing of the motion, by
examining the pleadings and the evidence before it and by interrogating
counsel, shall if practicable ascertain what material facts exist without
substantial controversy and what material facts are actually and in good
faith controverted. It shall thereupon make an order specifying the facts
that appear without substantial controversy, including the extent to which
the amount of damages or other relief is not in controversy, and directing
such further proceedings in the action as are just. Upon the trial of the
action, the facts so specified shall be deemed established, and the trial
shall be conducted accordingly.
    (e) Form of Affidavits; Further Testimony; Defense Required. Supporting
and opposing affidavits shall be made on personal knowledge, shall set
forth such facts as would be admissible in evidence, and shall show
affirmatively that the affiant is competent to testify to the matters
stated therein. Sworn or certified copies of all papers or parts thereof
referred to in an affidavit shall be attached thereto or served therewith.
The court may permit affidavits to be supplemented or opposed by
depositions, answers to interrogatories, or further affidavits. When a
motion for summary judgment is made and supported as provided in this rule,
an adverse party may not rest upon the mere allegations or denials of his
pleading, but his response, by affidavits or as otherwise provided in this
rule, must set forth specific facts showing that there is a genuine issue
for trial. If he does not so respond, summary judgment, if appropriate,
shall be entered against him.
    (f) When Affidavits Are Unavailable. Should it appear from the
affidavits of a party opposing the motion that he cannot, for reasons
stated, present by affidavit facts essential to justify his opposition, the
court may refuse the application for judgment or may order a continuance to
permit affidavits to be obtained or depositions to be taken or discovery to
be had or may make such other order as is just.
    (g) Affidavits Made in Bad Faith. Should it appear to the satisfaction
of the court at any time that any of the affidavits presented pursuant to
this rule are presented in bad faith or solely for the purpose of delay,
the court shall forthwith order the party employing them to pay to the
other party the amount of the reasonable expenses which the filing of the
affidavits caused him to incur, including reasonable attorney fees, and any
offending party or attorney may be adjudged guilty of contempt.